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HomeMy WebLinkAbout1955-178 - Provision of Street LightsBill iJo. 178 ORDINANCE N0. 178 AN ORDINANCE PROVIDNG FOR PUBLIC ELECTRIC LIGHTS ON THE STREETS OF THE CITY OF RIVERSIDE, MISSOURI, AND CONTRACTING WITH KANSAS CITY POWF~R & LIGHT COMPANY, ITS SUCCESSORS, ASSIGNS AND. GRANTEES TO FURNISH PUBLIC.ELECTRIC STREET LIGHTS FOR THE CITY OF RIVERSIDE MISSOURI, FOR A TERM OF TEN (10) YEARS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE AS FOLLOWS: SECTION I. That the Board of Aldermen of the City of Riverside, for and on behalf of the City of Riverside, does contract with Kansas City Power & Light Company, a Missouri corporation, doing business as an electrical public utility corporation, its successors, assigns and grantees, to furnish public electric street lights for the City of Riverside in the manner and upon the terms and conditions of the contract set out in SECTION II hereof. SECTION II. That the contract by and between Kansas City Power & Light Company, a Missouri corporation, therein referred to as the "Company," and the City of Riverside, a municipal corporation of the State of Missouri, therein referred to as the "City," is as follows: "This contract, made and entered into this ~ day of ~,G-1f~ , 1955, by and between KANSAS CITY POWER & LIGHT COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Missouri (hereinafter referred to as the "Company") and THE CITY OF RIVERSIDE, a municipal corporation of the fourth class, created, organized and existing under and by virtue of the Constitution and laws of the State of Missouri (hereinafter referred to as the "City"). "WITNESSETH: "WHEREAS, it is agreed by the Company and the City that the installation, operation and maintenance of an electric street lighting system in Riverside, Platte County, Missouri, to be owned and operated by the Company, and exten- sions, additions and betterments thereto from time to time as necessity therefor may arise during the term of the contract, will be of mutual benefit to the Company and the City, and "WHEREAS, the Company has a franchise to do a general electric light and power business in the City terminating January 27, 1973, authorized by Ordinance No. 79 of the City of Riverside, passed and adopted January 6, 1953, ratified and confirmed by a majority of the qualified voters of the City of Riverside, voting at a special election to ratify said Ordinance No. 79 on January 27, 1953, the results of said special election having been confirmed by Ordinance No. 86, passed and adopted February 3, 1953• "NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) each to the other in hand paid, the receipt of which is hereby mutually acknowledged, and in further consideration of the benefits to accrue to each of the parties hereto by the execution hereof, the parties agree with each other as follows: Section 1. This contract shall become effective and of legal force on the day it is ratified by ordinance passed by the Board of Aldermen of the City. The term of this contract shall be for a period: of ten (10) years from its effective date, subject to the right of the City to terminate same by cancellation in accordance with the terms and provisions set forth in Section 12 hereof. Section 2. The number, size, type, location and annual charge per lamp of the street lights to be owned, installed, operated and maintained by the Company, and paid for by the City, under this contract are as follows; (a) 25 250 candlepower series street lights, equipped with open type hood and reflector, suspended by mast arm or pipe bracket, and supplied with electric energy from an over- head circuit, on a wood pole, at an elevation of light center of 20 feet from the ground. Price per lamp per annum .................... $27.00 Said street lights are located in accordance with Exhibit "A" attached hereto and made a part hereof. The number of street lights as above set out shall be the minimum number of street lights which shall be used and paid for by the City under this contract and if, when, and as additional street lights are installed from time to time under this contract, the minimum number as above set forth shall be increased to the extent of such additional street lights and shall become, thereupon, the minimum number of street lights which shall be used and paid for by :the City during the remainder of the term of this contract. -2- Section 3. The street lights set forth in Section 2 hereof shall constitute the standard street lights under this contract. Any other style or size of street lights that may be adopted by the City during the continuance of this agreement may be included in this contract by ordinance amending the same, after the annual charge to be paid by the City to the Company has been agreed upon in writing. In the event the City desires to install at its own cost some special column or posts in locations where the City deems it wise or necessary, the Company agrees to furnish lighting service on these special columns or posts at an annual charge which shall be agreed upon by the parties in writing and such agree- went shall thereupon be incorporated in and made apart of this contract by ordinance amending the same. Section ~+. The Company agrees that it will extend its overhead lines supplying street lights a distance not exceeding one city block for each additional street light to be served by such extension requested to be installed by the City and supplied by said overhead circuits. Section 5. The Company agrees that it will relocate any street light supplied from overhead circuits upon the payment by the City to the Company of the actual cost to the Company of making such relocation. Relocation of lights or poles made necessary in order to make ingress and egress to and from private property shall be made without compensation from the City. A relocation is understood to mean any change of a street light afterbnce installed. Section 6. It is understood by and between the parties hereto that the annual charge per lamp, specified in Section 2 hereof, includes all breakage of glassware, lamps or other street lighting equipment used in supplying street lights, and the City upon its part agrees that it will enact all reasonable ordinances for the protection of the property of the Company against malicious destruction thereof. Section 7. The street lights specified in Section 2 hereof and any additional street lights hereafter installed shall burn each and every day of the year, from one-half hour after sunset to one-half hour before sunrise, or approximately four thousand (4,000) hours per year. The Company agrees -3- to maintain the necessary employees and the necessary equipment for the purpose of insuring the services, and for the further purpose of reestablishing the same in any street light or lights which may be reported to the Company by the City Clerk, or some other official designated by the City, as not in operation during the hours of street lighting; and in the event the Company shall fail to restore service in any street light or lights within two hours from the tiare of such notification thereof by the City Clerk, or other designated official, then, and in that event, such street light or lights shall be considered an outage, and the penalty therefor shall begin at the expiration of the second hour after such notification and continue until service is restored, and shall be calculated at the hourly rate of the annual charge of such type of street light. All outages shall be billed by the City to the Company based upon these reports and the Company shall credit the account of the City by reason thereof in accordance with the terms hereof. Section 8. The City shall, on or before fifteen days after receipt of the bill covering street lighting service rendered by the Company during the preceding month, pay to the Company one-twelfth (112) of the annual charge for each type of street light used by the City multiplied by the total number of such street lights in service on the last day of such month, except that ad3ustments shall be made between the parties for street lights installed during said month prorated upon a thirty-day use. Any street light shall be considered as in service from the date of its first night's burning. In the eve nt of the failure of the~ity to make such monthly payment within the period prescribed, the said monthly payment shall bear interest at the rate of six per cent (6;6) per annum Prom the date such payment shall have been in default; provided, however, that the Company may, at its option, discontinue the furnishing of service under this contract in case the City is in default in said monthly payments for a period of three (3) months or more, until such time as the delinquent payments, together with the interest thereon, are paid to the Company. -4- Section 9. Additional street lights may be installed from time to time during the continuance of this contract, upon ordinance duly enacted by the Board of Aldermen of the City requiring and locating such additional street lights, and accepted in writing by the Company, and the Company, upon acceptance of such ordinance by it, shall proceed within a reasonable time with such installations, it being understood and agreed that the spacings of such street lights shall be in accordance with the spacing of other street lights of a similar type and as limited as to spacing in Section 4 hereof. All such additional street lights, when installed, shall be subject to the terms and conditions of this contract. Section 10. It is agreed between the parties hereto that during the continuance of this contract, the Company shall have, to the exclusion of all other persons, firms and corporations, other than the City, the right to supply the lighting of the streets, avenues, boulevards, parks, alleys and public places in Riverside. Section 11. The Company shall at all times protect and save harmless the City from all damage or loss arising out of or by reason of the negli- gence of the Company, to persons or property for or arising out of or by reason of the construction, maintenance and operation of the street lights hereby authorized but nothing herein contained shall be construed to fix any liability upon the Company for the failure of street lights. Section 12. The service to be furnished by the Company under the ~ terms of this contract is of the utmost importance to the City, and the Company during the term of this contract agrees that it will to the best of its ability, furnish first class, modern street lighting service, and the parties, in the execution of this contract, agree that such service is of the essence of the agreement, and in case of a dispute between the Company and the City as to the quality of the service rendered hereunder, the matters in dispute shall be submitted by both parties to the Public Service Commission of the State of Missouri, or any other body established by law succeeding to the powers now or hereafter exercised by said Com- mission, end within a reasonable time after the decision of said Commission, or its successors, the Company shall comply with~the finding of the Commission. -5 - In the event of the failure of the Company to carry out the recommendation of the Commission, the City shall have the right forthwith to terminate this contract. Section 13. This contract, including the rates and service fixed herein and all amendments thereto and all ordinances passed by the City concerning the subject matter of the same, shall be in all respects subject to the rules, regulations and orders of the Public Service Commission of the State of Missouri, or any other body established by law, succeeding to the powers now or hereafter exercised by said Commission. "IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. KANSAS CITY POWER & LIGHT COMPANY BY V ~s~a-G.--- ticr President ATTEST: 1-esr, Secretary CITY OF RIVERSIDE, MISSOURI By Mayor ATTEST: ~?-~~~~~ Ac Ling City Clerk ~~ -6- SECTION III. The mayor of the City of Riverside is hereby requested, directed and authorized to execute the foregoing contract on behalf of the City of Riverside, and the City Clerk of the City of Riverside is hereby requested, directed and authorized to attest by his signature the foregoing contract, and to affix thereto the corporate seal of the City of Riverside. Passed this lst ~Y of i'ebruary , 1955- ,!i ,. Tr . Mayor ATTEST: ~;'~~ C~ Acting City Clerk Approved this lst day of ~~P},ru~rar ~~ 1955 Mayor ATTEST: i~.ctin~ City Clerk -7- EXHIBIT "A" RIVERSIDE STREET DAMP LOCATIONS Central Rd. W. of Sunset Dr. 1 ~P Central Rd. at Hillside Dr. 1 Central Rd, at High Dr. 1 " High Dr. between Sunset Rd. & Valley Dr. 2 " High Dr. at W. Intersection of Valley Dr. 1 " High Drive at E. Intersection of Valley Dr. 1 " Valley Dr. E. of High Dr. 3 ~~ High Dr. between Valley Dr. & South Dr. 2 " High Drive at South Dr. 1 " High Dr. between South Dr. & U. S. Highway #169 6 High Dr. at U. S. Highway #169 1 " Woodland Dr. at U. S Highway #71 1 Woodland Dr. E. of U. S. Highway #71 4 ~~ TOTAL 25 Lames KANSAS CITY POWER & LIGHT COMPANY uSTR/ Arm 9P q~ 0 WghPolM1ay~' December ~, 1~?60 1"r. F. F. Fiber R. u. 'k5 „_ Box Q8 Parkvill.e, D"issouri Deer T,'r, Filger: _ ,`~e enclose for the files of the City Clerk, duly approved Ordinance i~To. 1'7~-A1 covering the mercury- vapor street lighting to be installed on ~1 Highway pn~i riverside, P~issouri. I do not have any defi-nite information es to construction dote as yet, but I wish to assure ,you that we will proceed with this work as promptly es possible, Yours very truly, .. . ~ ~ ' % 0. L. smith, N°an»~er PTorth Eanses City District OLS:nmh enc.